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    <title>2018 (1) TMI 121 - ALLAHABAD HIGH COURT</title>
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    <description>Imprisonment in default of payment of fine is distinct from the substantive sentence, and while the statutory fine under the NDPS Act could not be reduced, the court could consider age, poverty, family circumstances and criminal antecedents when fixing the default term. As the appellant was nearly 70 years old, came from a poor background, had no prior criminal history and no adverse circumstance was shown by the prosecution, interference was confined to the default clause. The default imprisonment was reduced from one year to one month, while the conviction and substantive sentence were left intact.</description>
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      <description>Imprisonment in default of payment of fine is distinct from the substantive sentence, and while the statutory fine under the NDPS Act could not be reduced, the court could consider age, poverty, family circumstances and criminal antecedents when fixing the default term. As the appellant was nearly 70 years old, came from a poor background, had no prior criminal history and no adverse circumstance was shown by the prosecution, interference was confined to the default clause. The default imprisonment was reduced from one year to one month, while the conviction and substantive sentence were left intact.</description>
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